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Divorce order and house sale: payment directly to the other

2 replies

grisline · 03/10/2025 17:26

X and I got divorced and had a mesher order in place until kids finished school. The house is about to be sold now three years post-divorce. The house is in X's name only, so when sold, the money would go to X and then I'd be paid from that. That's what we thought anyway. The court order was signed and sealed at the time of divorce, splitting the funds from the house between us.

Now I'm ready to buy a house from the proceeds of the sale. For AML and source of funds purposes, my conveyancer has asked for a letter from X's solicitor saying that they will issue £xxxxx to me from the sale of the house. But X's solicitor is saying that that's beyond their remit, they will just send X the funds as "there is no notice on the title regarding this payment".

I guess I can still show my source of funds (letter/bank statement from X and then evidence of that coming to me), but is it a problem that we intend to do the money transfer as a private transaction? Our divorce lawyer has moved on to another company and I don't know about involving her if we can do this ourselves for free.

OP posts:
redemptionwoes · 03/10/2025 21:55

I could be wrong but pretty sure you just go to a solicitor and get an AML declaration of where the funds have come from - there is a charge of course. Just the same way as if say a parent was lending/giving you deposit money - when my sibling bought a house with a gift from parents that’s what they did

BatshitCrazyWoman · 04/10/2025 07:46

When we were selling the former matrimonial home, I gave the conveyancing solicitors a copy of the consent order, so that they could see the percentage split of the proceeds of sale. I know my exH thought he'd get all the money and then 'decide' how to split it. But the consent order has to be followed! Can you do this, for a start?

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